This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.

The environmental health professional is subject to scrutiny, particularly in the area of the law. Environmental Health Officers must have a fundamental understanding of the law and how it is implemented. This volume aims to assist the environmental health professional in understanding the operation of English law and navigating through some of its complexities. It covers those aspects of the work which are regulated by legal principles but not found in a single statute. This book is not an exposition of all Environmental Health law; it is designed to indicate how that law may be applied, emphasizing those skills and attributes which are essential if the theory of law is to be put into professional practice.

This book forms part of a unique, highly practical and time-saving three volume presentation of the Building Regulations, each book covering all the regulations relating to specific building usage. The chapters of each volume form self-contained units covering all the Regulation requirements applicable to a particular part of a building; thus the reader can ensure that all the Regulations are fully met. Also included is a digest of published standards, guides and technical information as well as reviews of the new Eurocodes currently being introduced. The Building Acts and Regulations Applied: Buildings for Public Assembly and Residential Use covers all the regulations relating to buildings used for public assembly or residential purposes (other than houses and flats), such as theatres, sports stadia, hotels, prisons and halls of residence. It is a useful course companion for BTEC HNC/D and degree courses in building, architecture, surveying, estate management and other built environment disciplines. It is also an ideal reference source for all professionals working in these areas.

Is there a future for the law? In this book, Florian Grisel addresses one of the most fascinating questions raised by social scientists in the past few decades. Since the 1980s, socio-legal scholars have argued that governance based on social norms (or "private governance") can offer an alternative to regulation by the law. On this account, private governance could be socially efficient and even optimal compared with other modes of governance. The Limits of Private Governance supplements this optimistic analysis of private governance by assessing the long-term evolution of a private order in the fishery of Marseille. In the last eight centuries, the fishers of Marseille have regulated their community without apparent means of legal support from the French state. In the early 15th century, they even created an organisation called the Prud'homie de Peche in order to regulate their fishery. Based on archival evidence, interviews and ethnographic data, Grisel examines the evolution of the Prud'homie de Peche and argues that the strong social norms in which it is embedded are not only powerful tools of governance, but also forces of inertia that have constrained its regulatory action. The lessons drawn from this book will appeal to academics, policy-makers and members of the general public who have an interest in the governance of our modern societies.

In the current decentralised system of European Union (EU) and European Economic Area (EEA) law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the Court of Justice of the European Union (CJEU) and the European Free Trade Association Court (EFTA Court) have established and developed the key mechanism for doing so - namely the principle of consistent interpretation. Yet the principle's scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice.Adopting an ambitious and consistent approach, contributors from 12 European states therefore examine the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. The findings further touch on a broader range of issues, providing the reader with insights into the cooperative dialogue between European and national courts more generally.The Effectiveness and Application of EU and EEA Law in National Courts will be of interest to academics, students, EU/EEA/EFTA and national institutional actors, judges, practitioners, and anyone interested in gaining unique insights into the workings of EU and EEA law and culture in practice.

Quotas have been used in international environmental agreements for at least a century and, in tandem with incentive approaches, should continue to be crucial to realizing a sustainable environment. This text is a critical examination of quotas both as regulatory tools and as products of negotiation. It reviews the main features of environmental problems, the regulatory options and criteria used to judge them, and the various ways of explaining negotiated outcomes. Quotas in the management of fisheries, other resources, freshwater and marine pollution, and air pollution are also described. Selected examples are considered in detail to provide an understanding of how quotas were developed in scientific, political, economic and social context. An assessment of the key features of quotas in practice leads to the identification of an emerging approach, the negotiation of constrained local quotas. The approach is a practical way to balance efficiency and fairness in complex negotiations, without sacrificing environmental effectiveness.

Should rural Britain continue to be dominated by farmed landscapes, or should these be transformed into managed countryside or woodland, or even into low-density exurbia on the American model? These are the issues that face an increasingly post-agricultural and post-industrial society such as Britain. Countryside Planning addresses these concerns and provides an in-depth study of the rural debate. Beginning with the key concepts and issues, the author sets out the context in which planning operates and how society has constructed its own images of the countryside. Using three theoretical perspectives, the book describes the evolution of the current planning system and provides a basis for further discussion about the possible future for the countryside. In the wake of the recent Rural White Paper, the book includes the major issues that affect contemporary rural Britain including the current reforms of the Common Agricultural Policy, the role of farmers as land managers and the hypocrisy of sustainable development and green tourism. Using boxed policy summaries throughout the text, as well as key question-and-answer sections in every chapter, the author treats policy and trends across the whole spectrum of countryside planning.

Doing Research in Urban and Regional Planning provides a basic introduction to methodology and methods in planning research. It brings together the methods most commonly used in planning, explaining their key applications and basic protocols. It addresses the unique needs of planners by dealing with concerns which cut across the social, economic, and physical sciences, showing readers how to mobilise fresh combinations of methods, theoretical frameworks and techniques to address the complex needs of urban and regional development. It includes illustrative case studies throughout to help planning students see how methods can be operationalised on the ground and connect research with urban and regional planning practice to build foundations for action. The book pays attention to contemporary trends - such as the growth in information technology, and general shifts in urban and environmental governance - that are affecting the practicalities and protocols of doing planning research. Doing Research in Urban and Regional Planning also encourages ethical reflection and discusses the ethical issues specific to planning research. Each chapter begins with a chapter outline with learning outcomes and concludes with take-home messages and suggested further readings. It also suggests a range of learning activities and discussion points for each method.

Should rural Britain be preserved from urban development, or should people be allowed to live and shop where they want? In the face of continued urban expansion the countryside has become a major issue, its future development uncertain. Countryside Planning addresses these concerns and provides an in-depth study of the rural debate. Beginning with the key concepts and issues, the author sets out the context in which planning operates and how society has constructed its own images of the countryside. Using three theoretical perspectives the book decsribes the evolution of the current planning system and provides a basis for further discussion about the possible future for the countryside. In the wake of the recent Rural White Paper, the book includes the major issues that affect contemporary rural Britain including the current reforms of the CAP, the role of farmers as land managers, and the hypocrisy of sustainable and green tourism. Using boxed policy summaries throughout the text, as well as key question and answer sections in every chapter, the author treats policy and trends across the whole spectrum of countryside planning. Countryside Planning is an in-depth and authoritative analysis of rural policy and makes an important contribution to the countryside planning debate and the future of rural Britain.

In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new 'river persons,' show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

This book argues that a key means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in order to elaborate the legislative tools necessary to ensure Indigenous participation in the water management landscape.

This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.

This text provides an analysis of the EPA enforcement of the Clean Water Act and its amendments. The book uses extensive EPA data, including a survey of the EPA and state level environmental officials, to examine enforcement from the perspective of the enforcement personnel.

Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Analyzing the impact and benefits of nuclear energy on environment, this book examines nuclear treaties in relation to environmental protection, highlights legal framework on non-proliferation and denuclearization, explores treaties on nuclear safety and nuclear security, discusses legal regimes on management of nuclear wastes, assesses the third-party liability regime and discusses the role of IAEA, EURATOM and NEA in regulating nuclear energy. It explores nuclear energy in the context of climate change and sustainable development. This book also examines the international legal framework on notification, assistance and emergency preparedness in the event of nuclear accidents, considers legal aspects of decommissioning of nuclear power plants and main legislative trends on nuclear energy use in selected countries. It also addresses regulatory responses to nuclear energy in the wake of the Fukushima power plant nuclear accident in Japan.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

This is a clear guide to heritage legislation in the UK. It is set out in plain, non-legal language and will guide the planner, developer, architect or conservationist through the legislation, explaining the policy and procedures which govern the protection of historic buildings as well as providing clear explanations of the issues involved, including listing, planning appeals and grants.

This text draws on research undertaken for the Joseph Rowntree Foundation on Development Impacts and Development Obligations to provide an account of the developing role of agreements in dealing with the impact of development. The first part reviews the policy, legal, planning and development context. The second part reviews contemporary practice. The third part reviews future developments. The authors bring their experience of both planning theory, practice and law and their empirical work to this major statement on an important area of planning practice. The focus is primarily on England, but the British experience is set in the wider context of experience elsewhere.

This practical book guides the reader through Superfund Law. Superfund is the common name for the Comprehensive Environmental Response, Compensation and Liability Act, which established a national program for cleaning up the nation's abandoned and uncontrolled hazardous waste sites. Superfund changed the way the United States conducts business by imposing substantial liability on present and past owners and operators of contaminated sites and on generators and transporters of hazardous substances to those sites. By examining the Superfund liability scheme, Fogleman provides businesses and individuals with the necessary knowledge to aid in avoiding Superfund liability. She provides a road map through the Superfund program, the Environmental Protection Agency's enforcement and settlement procedures, and Superfund litigation.

After reviewing the legislative history of Superfund and its amendments, Valerie M. Fogleman examines the Superfund program from discovery of a contaminated site through its cleanup. She describes the EPA's enforcement and settlement procedures, and Superfund litigation by governmental and nongovernmental entities. Fogleman analyzes Superfund liability and defenses to liability of persons and entities that are potentially responsible for conducting or bearing the cost of cleanups and damages to natural resources. These potentially responsible parties include almost all persons and entities in the American business community including corporations, corporate officers, directors, and employees, lenders, and governmental entities. This book is an important resource for lawyers and businessmen who seek a one-volume comprehensive and practical guide to Superfund law and liability.

This book provides information for professional practioners in the construction industry, their clients and suppliers. It is directed in particular at the changes taking place within the EC to bring about a Single Market. The text explains, with critical comment, what is happening as national standards like the British Standards are replaced by European Standards and British Agreement by European Technical Approvals, and describes how a common framework is being built through the specification of essential requirements and their Interpretative Documents. It enlarges on the consequent impact, directly and through the growing volume of community legislation, on professional practice and education during the 1990s, on the construction and construction materials industries, and on public authorities and other client undertakings of such Directives as the Public Procurement and Health and Safety Directives. The text describes the present arrangements for national standards making, and the issue of technical approvals and certification of construction products, their status within national legislation and likely changes as community legislation reinforces or replaces this legislation. It

This volume, the second in a series of three, examines the institutional architecture underpinning the global climate integrity system. This system comprises an inter-related set of institutions, governance arrangements, regulations, norms and practices that aim to implement the United Nations Framework Convention on Climate Change (UNFCCC). Arguing that governance is a neutral term to describe the structures and processes that coordinate climate action, the book presents a continuum of governance values from 'thick' to 'thin' to determine the regime's legitimacy and integrity. The collection contains four parts with part one exploring the links between governance and integrity, part two containing chapters which evaluate climate governance arrangements, part three exploring avenues for improving climate governance and part four reflecting on the road to the UNFCCC's Paris Agreement. The book provides new insights into understanding how systemic institutional and governance failures have occurred, how they could occur again in the same or different form and how these failures impact on the integrity of the UNFCCC. This work extends contemporary governance scholarship to explore the extent to which selected institutional case studies, thematic areas and policy approaches contribute to the overall integrity of the regime.

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.

ResponsAbility challenges conventional thinking about our governance and legal frameworks. The cross-currents of persisting, established worldviews, knowledge systems, institutions, law and forms of governance are now at odds with future-facing innovations designed to help societies transition to both low-carbon economies and social equity. This book explores the ways in which we can move to new governance and legal structures that more effectively reflect our changed relationship with the Earth in the Anthropocene. The book is written by a group of eminent scholars and leading experts from a diverse range of backgrounds, all of whom bring new knowledge and analysis from across oceanic and continental regions. Many are from the discipline of law, whilst others bring expertise on indigenous knowledge, climate, water, governance and philosophy to engage with law. Contributors include His Highness Tui Atua Tupua Tamasese Ta'isi Efi, Head of State of Samoa, Judge Sir E. Taikakurei Durie, Dame Anne Salmond, Pierre Calame and Adrian Macey. A number of scenarios are presented throughout the book for the realignment of global and local law to institutionalise responsibility for social, environmental and earth-centered equity.

Dominant governance theories are drawn primarily from Euro-American sources, including emergent theories of network and collaborative governance. The authors contest this narrow view and seek a more globally inclusive and transdisciplinary perspective, arguing such an approach is more fruitful in addressing the wicked problems of sustainability-including social, economic, and environmental crises. This book thus offers and affirms an innovative governance approach that may hold more promise as a "universal" framework that is not colonizing in nature due to its grounding in relational process assumptions and practices. Using a comprehensive Governance Typology that encompasses ontological assumptions, psychosocial theory, epistemological concepts, belief systems, ethical concepts, political theory, economic theory, and administrative theory, the authors delve deeply into underlying philosophical commitments and carry them into practice through an approach they call Integrative Governance. The authors consider ways this approach to radical self-governance is already being implemented in the prefigurative politics of contemporary social movements, and they invite scholars and activists to: imagine governance in contexts of social, economic, and environmental interconnectedness; to use the ideal-type as an evaluative tool against which to measure practice; and to pursue paradigmatic change through collaborative praxis.

First published in 1999 , the book is based on papers given at the final workshop of a research project into the evolution of environmental regulation in Poland undertaken as part of the UKs ERSC Global Environmental Change Programme. Other invited papers focused on the development of regulatory policy in transforming economies and in the UK. Furthermore the book highlights the weakness of internal political processes in Poland and the important role played by foreign sponsored pressures whilst exsamaning the divergence between the way environmental charges are supposed to operate and the ways in which they are implemented and enforced. Topics covered include the links between privatisation and the environment, the saline water problem in Upper Silesia, enforcement of and compliance with environmental charges, air pollution in Krakow and the structure of the Polish environmental administration system.